On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) issued guidance that clarifies and broadens the eligibility criteria for individuals with extraordinary ability on the path for U.S. permanent residence (a “green card”). The guidance applies to petitions filed under the employment-based, first preference category known as EB-1A, an immigration classification designed for individuals with extraordinary ability in the sciences, arts, education, business, or athletics who can demonstrate sustained acclaim either nationally (within one country) or internationally (within two or more countries).

Continue Reading Extraordinary? Prove It! USCIS Issues New Guidance Regarding Evidentiary Criteria
Qatar

The Department of State (DOS) and the Department of Homeland Security (DHS) announced that Qatari citizens and nationals will be able to apply for travel to the United States as temporary visitors under the Visa Waiver Program (VWP). Effective December 1, 2024, Qataris can travel to the U.S. for business or tourism for up to 90 days without needing a visa. Instead, they will only need to apply for an Electronic System for Travel Authorization (ESTA) online. Qatar is the first Gulf country to be designated for the VWP.

While U.S. citizens already enjoy visa-free travel to Qatar for up to 30 days, beginning October 1, 2024, they are eligible to stay in Qatar for up to 90 days (with a valid passport).

Continue Reading Qatar Added to U.S. Visa Waiver Program
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Mayer Brown attorney Morgan Bailey has authored “DHS Is In For A Rough Ride After The Election, No Matter Who Wins” for The Hill.  In this opinion piece, Morgan (former Deputy Chief of Staff, US Citizenship & Immigration Services) discusses the future of U.S. border security and immigration as the 2024 presidential election approaches.  Read the article here.

European Union Commissioner of Home Affairs Ylva Johansson has announced that the EU’s new Entry/Exit System (EES) will launch on November 10, 2024. EES is intended to function as an automated electronic system for registering the entry and exit of non-EU nationals traveling for short stays in the Schengen Area. The system is meant to replace passport stamping for most short-term visitors. EES will track each time an individual crosses an external Schengen border, collecting biometric data and enabling officials to better address overstays. The EU’s launch of the EES system comes as the bloc is preparing for the start of the much delayed ETIAS electronic travel authorization program in 2025.

Continue Reading EU Announces Start Date for Electronic Entry/Exit System

As the federal fiscal year draws to a close on September 30, 2024, there are several notable updates from U.S. courts and federal agencies affecting the employment-based immigration system.

H-4 Employment Authorization Continues

The U.S. Court of Appeals for the D.C. Circuit issued a decision on August 2, upholding the regulation that authorizes the Department of Homeland Security (DHS) to extend employment authorization to the spouses of certain specialty occupation workers. The Court affirmed that the employment authorization rule is consistent with the statutory framework and that DHS has the authority to grant work permits. In practical terms, this means that spouses of H-1B workers who have passed certain milestones in the green card process can continue to seek career opportunities by legally working in the United States.

Continue Reading August 2024 U.S. Immigration Updates For Employers
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Following our previous article on the rollout of eVisas in the UK, the UK Government has confirmed that all those who hold Biometric Residence Permits (“BRPs”), which are credit card sized identity documents which hold a migrant’s biographic data, biometric information and details of their UK immigration status, which expire on 31 December 2024, may now register for a UK Visas and Immigration (“UKVI”) account to access their eVisa. Previously, only those who had received an e-mail inviting them to register for a UKVI account were able to create one.

Continue Reading UK Government continues rollout of eVisas to BRP holders

The U.S. Department of Homeland Security (DHS) announced the trial launch of E-Verify+, an advanced product to streamline the process for employers to verify the employment eligibility of newly hired workers. Through this process, employees will receive a link to complete the Form I-9 (Employment Eligibility Verification) directly through E-Verify in one experience. A select group of users are testing E-Verify+ to assess and provide feedback in an effort to ensure the best possible product is available when it is released for wider use later this year.

Continue Reading DHS Joins the “Plus” Trend; Launches Trial E-Verify+ Program

Effective August 1, 2024, Israel will require travelers from visa exempt countries to obtain an electronic travel authorization before departing for the country. Travelers applying for the authorization—known as ETA-IL—will receive a reply within 24-72 hours, and if their application is approved, will be allowed to enter Israel for business visits and tourism for up to ninety days at a time. The ETA-IL will remain valid for multiple entries over a two-year period or until the traveler’s passport expires, whichever is sooner. The ETA-IL system opened as a voluntary pilot program for U.S. and German passport holders on June 1 and will open to all other visa exempt nationals on July 1. Israel’s introduction of the ETA-IL system comes as the European Union seeks to implement its own electronic travel authorization scheme for visa exempt nationals, which is expected to launch in 2025.

Continue Reading Israel Introduces Electronic Travel Authorization Requirement
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The U.S. Department of State (DOS) recently extended the allowable duration for Japanese language and culture specialists under the J-1 visa classification from one year to three years. The initiative aims to enhance cultural exchanges and strengthen educational ties between Japan and the United States.[1]

Continue Reading A Longer Welcome: US Extends Stay for Japanese Specialists to Three Years

The European Commission has adopted a new set of rules that enable Indian, Saudi, Bahraini, and Omani nationals to obtain short-stay Schengen visas with longer validity periods. Under the new rules, Indian nationals may be eligible for two- and five-year multiple entry visas, based on their travel history. Saudi, Bahraini, and Omani nationals residing in their respective home countries are now eligible for five-year multiple entry visas. The expansion of visa validity periods reflects the EU’s determination that these nationals pose low migratory and security risks. The moves are expected to facilitate travel to Europe by reducing the frequency with which qualified nationals must apply for new short-stay visas.  

Continue Reading EU Opens New Schengen Visa Options for Indian and Middle Eastern Nationals